Symposia

Page 1 of 15

Filter category

The Duty to Derogate: Suspending Human Rights in a Very Limited and Specific Way?

Section 12 of the Overseas Operations (Service Personnel and Veterans) Bill currently making its way through the United Kingdom (UK) Parliament imposes a duty on the Secretary of State to consider derogating from the European Convention on Human Rights (ECHR) in relation to certain overseas military operations. The duty is the product of long-standing concerns over the ECHR’s impact on the operational effectiveness of the British armed forces, a problem that derogations are meant to resolve. The purpose of this post is to offer some background to Section 12 of the Bill, assess the scope of the duty to derogate and consider how it meets the limits imposed on derogations by the ECHR. Derogations as an instrument of counter-lawfare In the first decades of its existence, the ECHR did not exert much of a direct impact on the British armed forces. Cases relating to the activities and deployment of military personnel were rare. This changed during the mid-1990s. Aggrieved service personnel discovered that…

Read more

Legislating by Soundbite: The Overseas Operations (Service Personnel and Veterans) Bill

The Overseas Operations (Service Personnel and Veterans) Bill 2019-2021, if passed, would provide a ‘triple lock’ to render ‘exceptional’ prosecutions for criminal offences allegedly committed by the armed forces overseas (outside the UK) more than five years ago; shorten the limitation periods for actions in tort and under the…

Read more

The Overseas Operations (Service Personnel and Veterans) Bill and the Irish Sea: risks of reciprocal application to the legacy of the Northern Ireland conflict

The Overseas Operations (Service Personnel and Veterans) Bill (as introduced) does not apply to legacy cases from the Northern Ireland conflict. Yet against the backdrop of similar cries of ‘witch hunt’ its introduction in 18 March 2020 was concurrent and explicitly linked to a Written Ministerial Statement on the same day. Through this the Secretary…

Read more

Occupational Hazards of Soldiers – A Critique of Section 3 of the Overseas Operations (Service Personnel and Veterans) Bill 2019-21

Being a soldier is not for the faint-hearted. There is no shortage of written and audio-visual accounts of the horrors of war and soldiers’ physical and psychological suffering. It becomes worse when the enemy is nowhere to be seen and yet everywhere, the environment is littered with improvised explosive devices, landmines and booby-traps, and there is no safe…

Read more

The Overseas Operations (Service Personnel and Veterans) Bill 2019-2021: A Pragmatic Response to Over-Zealous Claims Against the Military or a Vehicle for Impunity? Introduction to the Symposium on the Overseas Operations (Service Personnel and Veterans) Bill

The United Kingdom (UK) Government has introduced the Overseas Operations (Service Personnel and Veterans) Bill to regulate legal proceedings stemming from operations of the UK armed forces outside of the British Islands. The Bill received its first reading in March 2020 and it is anticipated that the second reading will take place in September or October this…

Read more
  • Page 1 of 15
  • Last